If you participated in this program in another state, or you have one of the above mentioned convictions from another state, you cannot participate in the AEP. It should also be noted that if the Department of Motor Vehicles DMV suspends your license , you might not be able to enter the program until the suspension is over. The AEP runs for either 10 or 15 weeks.
You have to get an evaluation before you begin the program to determine if you should complete 10 or 15 weeks worth of classes. This will be determined by a program evaluator. The AEP classes meet for one and a half hours once a week. You must attend all classes in order to successfully complete the program. If you do not cooperate with the program, your case could be sent back to court.
You could be convicted of a DUI. It is important that you attend all classes and do what is required of you in order to complete the program. This fee will cover your evaluation. The evaluation will determine what program you are best suited for. Level Two Group Interaction: Treatment identified by level of care utilizing the CT Client Placement Criteria : A minimum of 12 therapy sessions, in lieu of the intervention programming.
Treatment identified by level of care utilizing the CT Client Placement Criteria : A minimum of 15 therapy sessions, in lieu of the intervention programming. The court will review the report and decide what the participant will be required to do. The costs are the responsibility of the participant unless they have been determined indigent by the referring court, in which case, DMHAS funds the treatment. Arrests in other states for operating under the influence or possession of drugs or drug paraphernalia.
The program is not a right, and therefore no one is guaranteed admittance, however the chances of being accepted increase with the assistance of a knowledgeable attorney to help you through the application process. If it is your first time with a DUI, or you have not had one in more than 10 years, you may be eligible to apply for this program before your case goes to trial. The Alcohol Education Program meets weekly for one-hour classes for up to 15 weeks.
The length of time is dependent on the results of an alcohol evaluation test done before the program begins. There are no exams or testing, nor are there any alcohol or drug tests. Simply arrive on time, every week, and stay for the entire class. Not everyone is guaranteed a spot in the program. You must first attend an application hearing, then satisfactorily complete a screening process, and finally, attend an adversarial hearing with a Supreme Court Judge.
Only certain charges qualify, including:. The very first step is your application hearing. The judge will ask you two questions, neither of which pertain to the arrest itself. These are:. To lie or mistakenly answer falsely will result in severe punishments.
The selection process is a minute interview where the determination of whether the 10 or week program is appropriate. The judge determines based on a broad range of factors the best appropriate action. In the case of test results obtained from a blood sample taken from an apparently injured driver, the hearing must additionally determine whether the sample was obtained according to the statutory conditions for admissibility and competence as evidence.
If the answer to any of these questions is no, DMV must return the license to the driver. If the answer to all of the questions is yes, the driver ' s license is suspended for the period specified in Table 3. Per Se Offense. First Offense. Second Offense. Third or Subsequent Offense. The test refusal penalties also apply to someone who takes the initial test but refuses to take a second chemical test.
These provisions do not apply to someone whose condition makes such tests medically inadvisable. These administrative license suspension penalties are in addition to any suspension penalties imposed as a result of conviction on any criminal DUI charge see Table 1.
Enhanced Administrative Penalties for Drivers under Age The law makes the administrative license suspension even longer for a or year-old. Specifically, the suspension for a first per se violation by a or year-old is one year if the driver submitted to a BAC test that showed a BAC of. Until January 1, , the law required anyone whose license or nonresident operating privilege was suspended for a DUI conviction, or for two or more administrative per se suspensions for test failures or refusals, to take part in a DMV-approved substance abuse treatment program that included an assessment of the offender ' s alcohol abuse and appropriate treatment.
PA and PA eliminated this program. However, the law allows an individual 1 whose license, privilege, or certificate was suspended or revoked on or before December 31, and 2 who was participating in, or eligible to participate in, the treatment program, to complete the program or an equivalent program the commissioner designates, and seek reinstatement of his or her license or privilege.
Such an individual can seek reinstatement if he or she 1 began participating in such a program by August 1, ; 2 submits evidence to the commissioner by June 30, , that he or she has complied with the statutory requirements in effect on December 31, ; and 3 is otherwise eligible to have his or her license reinstated. CDL holders who commit two or more of certain offenses, including DUI, are disqualified for life from driving a commercial motor vehicle.
The law now requires that to be considered for reinstatement, disqualified CDL holders must voluntarily enroll in, and successfully complete, 1 a substance abuse treatment program established and operated by the Department of Mental Health and Addiction Services DMHAS , 2 a program operated through a licensed substance abuse treatment facility, or 3 an equivalent program offered in another state.
As under prior law, a CDL holder must wait 10 years to apply for reinstatement. The applicant also must make certain affirmations under oath before the court, including that he or she has not had the program previously invoked on his or her behalf within the preceding 10 years, or ever, if under age The court must seal the file when the offender applies for the program. The court can grant the application after considering the recommendations of the state ' s attorney. Upon confirmation of eligibility, the person is referred to DMHAS for placement in either an appropriate alcohol intervention program for one year, or a state-licensed substance abuse treatment program.
If the defendant satisfactorily completes the assigned program, he or she may apply for dismissal of the charges. The court must dismiss them on a finding of satisfactory completion. The offender ' s license suspension remains in effect while he or she participates in the program, although he or she has the option of not starting the program until the end of the suspension period. The court may require as a condition of granting the application that the offender take part in the CSSD-approved victim impact panel program.
A driver is ineligible for the program if involved in an accident that caused a serious physical injury or if the charge resulted from operating a commercial motor vehicle.
Reinstatement to the Program. The law allows reinstatement to the program in certain cases. If a program provider informs the court that a defendant did not successfully complete the assigned program or is no longer amenable to treatment, the provider must, to the extent practicable, recommend whether the individual would best be served by 1 a session intervention program, 2 a session intervention program or 3 placement in a state-licensed substance abuse treatment program.
The offense also carries a day mandatory prison sentence unless the court specifies mitigating circumstances. The judge must specify the mitigating circumstances, or lack of them, in writing.
The chief medical examiner and other specified officials must include in any investigation of a fatal motor vehicle accident a blood sample from any driver or pedestrian who dies in the accident. These samples must be examined for the presence and concentration of alcohol and drugs by the chief medical examiner or the DESPP Division of Scientific Services. A blood or breath sample must be obtained from any surviving driver whose vehicle is involved in an accident resulting in the death or serious physical injury to another person if a police officer has probable cause to believe that the driver operated the vehicle while under the influence of alcohol, drugs, or both.
Since the law requires the sample to be tested for drugs as well as alcohol, and breath samples cannot provide reliable evidence of the presence of drugs, the law, in effect, appears to require blood samples from surviving operators. The testing of any such samples must be performed at the direction of a police officer according to methods and using equipment approved by DESPP.
Test equipment must be checked immediately before and after the test by someone who is DESPP-certified. If a blood test is performed, the sample must be taken by someone licensed to practice medicine and surgery, a qualified laboratory technician, a registered nurse, a physician assistant, or a phlebotomist.
By law, anyone who has had a driver ' s license suspended, except in certain instances, may apply for a special operator permit that allows certain work- or education- related driving.
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